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Subordinate Court of Zambia - 2023 September

2 judgments
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2 judgments
September 2023
Febby Kunda v Tumfwane Savings Group (2023/SID/70) [2023] ZMSUB 21 (28 September 2023)
Plaintiff's claim for return of goods dismissed because group constitution authorised seizure as security and plaintiff remained indebted.
  • Civil procedure; Restitution and unjust enrichment; Savings-group constitution; Seizure of member property as security; Credibility of witnesses; Refusal to grant relief not established in evidence.
28 September 2023
Gift Chansa v Saudi Mohamed (2023/SID/71) [2023] ZMSUB 19 (14 September 2023)
Buyer failed to prove payments; valid contract existed, repossession amounted to trespass but did not justify refund; claim dismissed.
  • Contract law — formation and enforceability of oral and written terms; parol evidence and collateral oral terms; burden of proof in civil claims (he who alleges must prove); repossession and trespass for unpaid goods; nominal damages when injury shown but loss unproven; costs and right of appeal.
14 September 2023